title: "New York Child Custody - Complete LSC Packet with Forms"

state: "NY"

category: "Child Custody"

date: "2026-03-20"

price: "$67"

lsc_grade: true

version: "COMPLETE_WITH_FORMS"

New York Child Custody Packet

Templates for informational purposes only. Not legal advice.

ELIGIBILITY CHECKLIST

• [ ] You are a parent, legal guardian, or person standing in place of a parent
• [ ] The child lives in New York or has lived in New York within the last 6 months
• [ ] You want to establish, modify, or enforce a custody order
• [ ] You are NOT involved in a child protective case with ACS/DCF
• [ ] New York is the child's "home state" — child lived here with a parent for at least 6 consecutive months before filing
• [ ] No other state currently has jurisdiction, OR New York has the most significant connections
• [ ] You are NOT seeking to terminate parental rights
• [ ] The child has NOT been removed by Child Protective Services (ACS in NYC, DCF elsewhere)
• [ ] There is NO active child protective/neglect case in Family Court
• [ ] Another state has NOT already entered a custody order (unless NY now has jurisdiction)

FORM 1: CUSTODY/VISITATION PETITION — BLANK TEMPLATE

> INSTRUCTIONS: Type or print neatly in black ink. Replace bracketed text [LIKE THIS] with your information. Get official forms at nycourts.gov.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY NAME]

________________________________________________________________________________

[YOUR FULL LEGAL NAME],

Petitioner,

v.

[OTHER PARENT'S FULL NAME],

Respondent.

Docket No. _______________

________________________________________________________________________________

PETITION FOR CUSTODY/VISITATION

________________________________________________________________________________

TO THE HONORABLE FAMILY COURT:

I, [YOUR FULL LEGAL NAME], being duly sworn, depose and say:

1. PETITIONER INFORMATION:

Full Name: [YOUR FULL NAME]

Date of Birth: [DOB]

Address: [YOUR STREET ADDRESS]

[CITY], NY [ZIP CODE]

Phone: [YOUR PHONE]

Relationship to Child(ren): [PARENT / GUARDIAN / OTHER]

1. RESPONDENT INFORMATION:

Full Name: [OTHER PARENT'S FULL NAME]

Address: [OTHER PARENT'S ADDRESS]

[CITY], [STATE] [ZIP CODE]

Phone: [IF KNOWN]

1. CHILD(REN) INFORMATION:

1. JURISDICTION:

[ ] The child(ren) has/have lived in New York State for the past 6 months.

[ ] No other custody proceeding is pending in any other court.

[ ] New York is the child(ren)'s home state.

1. CURRENT CUSTODY SITUATION:

[ ] There is no existing custody order.

[ ] There is an existing custody order from [COURT] dated [DATE].

[ ] The child(ren) currently reside(s) with [NAME] at [ADDRESS].

1. REQUEST FOR CUSTODY:

A. PHYSICAL/RESIDENTIAL CUSTODY:

[ ] I request sole physical custody.

[ ] I request joint physical custody.

[ ] I request that [OTHER PARENT] have physical custody.

B. LEGAL CUSTODY (DECISION-MAKING):

[ ] I request sole legal custody.

[ ] I request joint legal custody with [OTHER PARENT].

C. PARENTING TIME/VISITATION:

[ ] I request parenting time as follows:

[ ] Every other weekend (Friday to Sunday)

[ ] One weeknight per week: [DAY] from [TIME] to [TIME]

[ ] Half of all school holidays

[ ] [X] weeks of summer vacation

[ ] Other: [DESCRIBE]

1. REASONS FOR REQUEST:

This custody arrangement is in the best interests of the child(ren) because:

[ ] I have been the primary caregiver

[ ] I provide a stable home environment

[ ] The child(ren) are doing well in their current school

[ ] I encourage a relationship with the other parent

[ ] There is no history of abuse or neglect

[ ] Other: [EXPLAIN]

1. PRIOR COURT PROCEEDINGS:

[ ] There are no prior court proceedings involving these children.

[ ] There is/are prior proceeding(s) in [COURT], Case No. [NUMBER]

[ ] There is an order of protection: Yes [ ] No [ ]

WHEREFORE, I respectfully request that this Court:

A. Award custody of the child(ren) as requested above;

B. Establish a parenting time/visitation schedule;

C. Order such other relief as the Court deems just and proper.

________________________________________________________________________________

VERIFICATION

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [YOUR FULL NAME], affirm that the foregoing is true to the best of my

knowledge and belief. I understand that false statements are punishable

under Penal Law § 210.45.

Date: _____________________ _______________________________

[YOUR SIGNATURE]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

________________________________________________________________________________

`

--- PAGE BREAK ---

FORM 2: AFFIDAVIT IN SUPPORT — BLANK TEMPLATE

> INSTRUCTIONS: Use this to provide additional facts supporting your custody request.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

________________________________________________________________________________

[PETITIONER NAME],

Petitioner,

v.

[RESPONDENT NAME],

Respondent.

Docket No. _______________

________________________________________________________________________________

AFFIDAVIT IN SUPPORT

________________________________________________________________________________

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [YOUR FULL NAME], being duly sworn, depose and say:

1. I am the Petitioner in this custody proceeding.

1. I have personal knowledge of the facts stated herein.

1. The following facts support my request for custody:

[DESCRIBE IN YOUR OWN WORDS WHY YOU SHOULD HAVE CUSTODY.

INCLUDE SPECIFIC EXAMPLES AND DATES WHEN POSSIBLE.

SOME THINGS TO INCLUDE:]

• Your role as primary caregiver (who takes child to doctor, school, etc.)
• Your work schedule and availability
• The child's current routine and adjustment
• The other parent's involvement (or lack thereof)
• Any concerns about the other parent's ability to care for the child
• Any history of domestic violence, substance abuse, or neglect
• The child's wishes (if old enough to express preference)

1. I request that the Court grant the relief requested in my Petition.

________________________________________________________________________________

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

________________________________________________________________________________

`

--- PAGE BREAK ---

FORM 3: AFFIDAVIT OF SERVICE — BLANK TEMPLATE

> INSTRUCTIONS: The server (NOT you) must complete this form after serving the other parent.

`

________________________________________________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

________________________________________________________________________________

[PETITIONER NAME],

Petitioner,

v.

[RESPONDENT NAME],

Respondent.

Docket No. _______________

________________________________________________________________________________

AFFIDAVIT OF SERVICE

________________________________________________________________________________

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [SERVER'S FULL NAME], being duly sworn, depose and say:

1. I am over 18 years of age and am NOT a party to this action.

1. My address is:

[SERVER'S ADDRESS]

[CITY], NY [ZIP CODE]

1. On [DATE] at [TIME], I served the following documents on:

[RESPONDENT'S FULL NAME]

[RESPONDENT'S ADDRESS]

[CITY], NY [ZIP CODE]

Documents served:

[ ] Petition for Custody/Visitation

[ ] Summons

[ ] Notice of Court Date

[ ] Other: _______________________________

1. Method of service:

[ ] Personal delivery (handed directly to respondent)

[ ] Left at respondent's residence with a person of suitable age

[ ] Other: _______________________________

1. Description of person served:

Sex: [ ] Male [ ] Female

Approximate age: ______

Hair color: _______________

Other identifying features: _______________________________

1. I declare under penalty of perjury that the foregoing is true and correct.

________________________________________________________________________________

Date: _____________________ _______________________________

[SERVER'S SIGNATURE]

[SERVER'S PRINTED NAME]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

________________________________________________________________________________

`

FILING STEPS

1. Complete FORM 1 (Petition for Custody/Visitation).
2. Complete FORM 2 (Affidavit in Support) — optional but recommended.
3. Prepare a Proposed Parenting Plan.
4. Make 3 copies of all documents (original + 2 copies).
5. Go to the Family Court in the county where the child lives.
6. File with the Clerk's Office and pay the filing fee ($210 in most counties).
7. If you cannot afford the fee, ask for a Fee Waiver Application (Form 203).
8. Get your filed copies back — note your Docket Number.
9. Arrange for service on the other parent (you cannot serve papers yourself).
10. Service options: Sheriff/Marshal (~$35–50), process server ($50–150), friend/family 18+ (free), or certified mail (~$10).
11. The server (not you) must complete FORM 3 (Affidavit of Service) and file it with the court.
12. Attend your first court appearance — arrive 30 minutes early with all filed documents.
13. Attend mediation if required by the court — free mediation available through court programs.
14. If no agreement, present your case at trial; the judge decides based on best interests of the child.
15. Keep a certified copy of the final custody order.

COURT INFORMATION

FILING CHECKLIST

Before Going to Court

• [ ] Completed Petition for Custody/Visitation (FORM 1)
• [ ] Completed Affidavit in Support (FORM 2) — optional
• [ ] Proposed Parenting Plan
• [ ] Filing fee ($210) OR completed Fee Waiver Application
• [ ] Photo ID
• [ ] 3 copies of all documents

For Service

• [ ] Filed copy of Petition
• [ ] Summons
• [ ] Server identified (not you)
• [ ] Affidavit of Service forms for server to complete

For Court Hearing

• [ ] All filed documents
• [ ] Proof of service (Affidavit of Service filed)
• [ ] Proposed Parenting Plan
• [ ] Proof of income (pay stubs, tax returns)
• [ ] School records
• [ ] Medical records (if relevant)
• [ ] Any text messages/emails showing communication with other parent
• [ ] Names and contact info of any witnesses
• [ ] Notebook for taking notes

STATUTE REFERENCES

DISCLAIMER

IMPORTANT: This packet provides general information for informational purposes only. It does not constitute legal advice.

• Jurist-Diction is not a law firm and cannot provide legal advice.
• These forms may not be appropriate for your specific situation.
• Laws change frequently. Verify current law before filing.
• Court procedures vary by county. Contact your local Family Court for specific requirements.
• For legal advice, contact a licensed New York attorney or legal aid organization.

Need help? Find free legal aid at nylawhelp.org or call 1-800-342-3661.